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HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 08-10-2022.draftCITY Of CAPE GIRARDEAU .. .............. . ........... I ................................... ..... ..... ..... . ........... .. ..... ..... .. .. .. ... . .. ........ ­­ .. .. ..... .. .. . .. . .. .. .. .. .. .. ..... . PLANNING & ZONING COMMISSION _- -PLALINING--&-ZONING-COMMI-SSION _ ---- _ - ___- MEETING MINUTES August 10, 2022 City Hall — Council Chambers 44 North Lorimier Street Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Patrick Koetting, Nick Martin, Melissa Stickel, Ed Thompson, Sid Whittington, Deborah Young Commission Members Absent: None Staff Present: -Carol Peters, Ryan Shrimplin Cnll tn Orripw Chairman Greaser called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the July 13, 2022 meeting were unanimously approved upon a motion made by Mr. Thompson and seconded by Mr. Jackson. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. A public hearing was held on the proposed zoning of property located at 4450 LaSalle Avenue as C-2 (Highway Commercial District) upon annexation. Chris Koehler, Koehler Engineering & Land Surveying, presented the request. He explained that part of the property is already in the city limits and is zoned C-2. The owner has requested annexation of the other part in order to sell land to The Church of Jesus Christ of Latter -Day Saints for the development of a new facility. C A staff report was submitted to the Commission, which recommended zoning the property as C-2 upon annexation. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Whittington and seconded by Ms. Stickel to recommend zoning the property as C-2 (Highway Commercial District) upon annexation. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 2. A public hearing was held on the request of UA Properties, LLC to rezone property located at 1305 and 1321 William Street from C-1 (General Commercial District) to R-3 (High Density Single -Family Residential District). Ronald Buchheit presented the request. He explained that he and his wife were not aware of the property's commercial zoning at the time they purchased it. They demolished one of the houses on the property and renovated City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 10, 2022 Page 2 of 7 the other house. The property is for sale and a prospective buyer would like to use the house as a residence. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Koetting and seconded by Mr. Jackson to recommend approval of the rezoning request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 3. A public hearing was held on the request of Good Shephard Lutheran Chapel to rezone property located at 1904 West Cape Rock Drive from PD (Planned Development District) to R-1 (Single -Family Suburban Residential District). Chris Koehler, Koehler Engineering & Land Surveying, presented the request. He explained that the property was rezoned from R-1 to PD several years ago in order to obtain a special use permit for a telecommunication tower. The property owner would like to rezone a portion of the property back to R-1. A staff report was submitted to the Commission, which recommended approval of the rezoning request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Ms. Stickel and seconded by Mr. Koetting to recommend approval of the rezoning request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 4. A public hearing was held on the request of Coast to Coast Signs, LLC for an exception from Development Code Section 25-137(g)(2), electronic, video, or digital message signs, for property located at 1855 Perryville Road. Marty Platz, Coast to Coast Signs, LLC, presented the request. He explained that the property owner is replacing the existing freestanding sign with a new one containing a digital message sign. The area of the digital message sign exceeds the maximum area by 8 square feet. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding�. The subject property is a corner lot with frontage on Perryville Road and Starwood Drive. Under the sign regulations in the Development Code, the property is allowed a maximum of two (2) freestanding signs (one for each street frontage). Each sign is permitted up to 32 square feet of electronic, video, or digital message sign area. The property currently has one (1) freestanding sign, located along the Perryville Road frontage. This sign is proposed to be replaced with a new sign containing 40 square feet of digital message sign area. In exchange for approval of this sign, the property owner is proposing to forego its rights to a second City of Cape Girardeau Planning & Zoning Commission ............ Meeting Minutes August 10, 2022 Page 3 of 7 freestanding sign. This qualifies as a substantial equivalent because the owner is not exceeding the total electronic, video, or digital message sign area allowed for the property (taking into account both freestanding signs). Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Finding The substantial equivalent proposed by the property owner ensures fairness among all property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Whittington and seconded by Ms. Stickel to approve the exception request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, -and- 0 abstaining-- (Aye-.----B-1-ank,---Greaser,--Jackson,- Koetting, Martin, Stickel, Thompson, Whittington, Young). 5. A public hearing was held on the request of Wanda A. Pipkin for an exception from Development Code Section 25-161, fence height and surface requirements, for property located at 418 Franklin Avenue. No one was in attendance to present the request. Mr. Shrimplin explained that the request is for approval of a new fence exceeding the maximum fence height of 3 feet in the primary front yard of a residential (non -rural estate) property. The applicant submitted two options: a 4.5 -foot high black aluminum picket fence and a 5 - foot high white vinyl picket fence. The application indicates that the additional fence height is needed in order to keep the applicant's dogs from escaping the yard. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #I: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Findin The purpose of the requirement is to limit fence. height to what is reasonable and necessary for the use of the property. Excessively high fences can adversely affect the character of the neighborhood. The proposed fence (either option) will not adversely affect the character of the neighborhood because it has a decorative appearance and a partially open surface. This qualifies as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. Findin The substantial equivalent proposed by the applicant ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 10, 2022 Page 4 of 7 Based on the above findings, staff recommended approval of the exception request (either option). Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. A motion was made by Mr. Jackson and seconded by Mr. Thompson to approve the exception request. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 6. A public hearing was held on the request of Summit Contracting for an exception from Development Code Section 25-250, driveway spacing requirements, for property located at 3624 Collins Mill Road. Derrick Geringer, Summit Contracting, presented the request. He explained that the property contains a newly constructed house. During construction, the homebuyer requested some changes to the floor plan which resulted in the construction of a second driveway. He called the City and asked about the minimum spacing between driveways. The staff person he spoke with provided the spacing requirement but did not inform him of the minimum lot frontage needed in order to qualify for a second driveway. The Building & Code Enforcement Manager happened to drive by and noticed the second driveway after it was completed. Mr. Whittington asked how many other houses in the subdivision have this issue. Mr. Geringer indicated that there were no other houses with this issue. Mr. Thompson asked if the plans were approved prior to construction. Mr. Shrimplin explained that the City approved the plans and issued the building permit, but the plans did not reflect the homebuyer's requested changes, including the second driveway. The contractor failed to inform the City of the changes. Mr. Martin asked if anyone had complained about the second driveway. Mr. Geringer stated that he had not received any complaints. Mr. Jackson noted that the second driveway appeared to be for a secondary garage. He inquired about the width of the garage door. Mr. Geringer indicated that the door was nine (9) feet wide. A staff report was submitted to the Commission, which contained the following findings of fact: Criterion #1: As part of the exception request, a "substantial equivalent" is proposed. "Substantial equivalent" means an alternate design, method or feature that accomplishes the same purpose as the applicable Development Code requirement. Finding: The maximum driveway width for a residential lot is 30 feet. In lieu of having a single, 30 -foot wide driveway as allowed by the Code, the applicant is requesting approval of two narrower driveways with an aggregate width of 30 feet. Both driveways have already been constructed. Currently, they exceed 30 feet of width in the aggregate. The applicant is proposing to modify one of the driveways to reduce its width and lower the aggregate to 30 feet. The plan submitted with the exception application shows a section of concrete being removed from the middle of the driveway. Staff does not believe this modification qualifies as a substantial equivalent because it does not change the overall width of the driveway. If the concrete were to be removed from one or both sides instead of the middle, then it would qualify as a substantial equivalent. Criterion #2: Approval of the exception request is consistent with the general spirit and intent of the Development Code. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 10, 2022 Page 5 of 7 Findi The substantial equivalent, as described above, ensures fairness among property owners and tenants, which makes approval of the exception request consistent with the general spirit and intent of the Development Code. Based on the above findings, staff recommended approval of the exception request, subject to the following condition: 1. One or both driveways shall be modified to reduce the aggregate driveway width to 30 feet. Concrete shall be removed from the side(s) only and not the middle. A plan for the modification of the driveway(s) shall be submitted to the City for approval. Mr. Geringer stated that, functionally and aesthetically, it would be better to remove concrete from the middle of the driveway rather than the sides. He added that he would -prefer to not have to remove any concrete at all. Chairman Greaser opened the public hearing and, seeing no appearances to speak, he closed the public hearing. Mr. Whittington stated that he felt the matter should be tabled in order to obtain more information from the staff regarding what led to the confusion over the second driveway. Mr. Shrimplin explained that some of the staff involved no longer work for the City. A motion was made by Mr. Whittington and seconded by Ms. Young to table the exception request. The motion failed with a roll call vote of 2 in favor, 7 in opposition, and 0 abstaining (Aye: Whittington, Young; Nay: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson). A motion was made by Ms. Stickel and seconded by Mr. Jackson to approve the exception request with the condition that a plan for the modification of the driveway(s) shall be submitted to the City for approval. The motion failed with a roll call vote of 4 in favor, 5 in opposition, and 0 abstaining (Aye: Greaser, Jackson, Koetting, Stickel; Nay: Blank, Martin, Thompson, Whittington, Young). Upon a point of clarification, a motion was made by Ms. Stickel and seconded by Mr. Thompson to approve the exception request with the condition that a plan for the modification of the driveway(s) shall be submitted to the City for approval. The motion passed with a roll call vote of 7 in favor, 2 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson; Nay: Whittington, Young). SUBDIVISION PLATS 7. The record plat of LaSalle -Church Subdivision was reviewed by the Commission. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Ms. Young and seconded by Mr. Jackson to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). 8. The record plat of Ozark Street Subdivision was reviewed by the Commission. A staff report was submitted to the Commission, which recommended approval of the record plat as submitted. A motion was made by Mr. Jackson and seconded by Mr. Whittington to recommend approval of the record plat. The motion passed with a roll call vote of 9 in favor, 0 in opposition, and 0 abstaining (Aye: Blank, Greaser, Jackson, Koetting, Martin, Stickel, Thompson, Whittington, Young). Commission Communication City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 10, 2022 Page 6 of 7 OTHER ITEMS AND COMMUNICATION None of the Commission members had any communication items. Staff Communication Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on July 18, 2022: • Chapter 25 Amendment Regarding Driveway Spacing Requirements — 1st Reading • Goines Lynwood Subdivision Record Plat — 1 St Reading • Volle Subdivision Record Plat — 1st Reading The City Council approved the following on August 1, 2022: • Chapter 25 Amendment Regarding Driveway Spacing Requirements — 2nd & 3rd Readings • Goines Lynwood Subdivision Record Plat — 2nd & 3rd Readings • Volle Subdivision Record Plat — 2nd & 3rd Readings • 2327 Boutin Drive and Adjacent Property Rezoning — 1st Reading 2. Update on Transportation Trust Fund (TTF) Projects Transportation Trust Fund 5 (TTF-5) • Independence Street from North Broadview Street to Caruthers Avenue — Staff is still working on acquisition. The final plans are nearing completion. It is anticipated that the project will be advertised for bids in Fall 2022. • Main Street from Roberts Street to East Cape Rock Drive — Staff is reviewing the pre -final plans. • Spriqq Street from William Street to Broadway — Curb and gutter work is in process. • West End Boulevard from Rose Street to Bertling Street — The contract has been awarded. Work will begin soon. Transportation Trust Fund 6 (TTF-6) • College Street from Minnesota Avenue to West End Boulevard — The contractor has completed rough grading and is now working on the storm sewer. • Maria Louise Lane/Kiwanis Drive/Broadview Street Intersection Improvements — Design is underway. City of Cape Girardeau . . . . . . . . . . . . . Planning & Zoning Commission Meeting Minutes August 10, 2022 .......... . . . . . . . . . . . . . . . . . . . . . Page 7 of 7 • South Sprigg Street from Shawnee Parkway/Route 74 to Southern Expressway — The surveying work is complete. In-house design is pending. • Bertling Street from Perryville Road to Big - Bend Road — The surveying work is complete. In-house design is pending. • Lexington Avenue from Carolina Lane to Sherwood Drive — The surveying work is complete. In-house design is pending. • Lexington -_ Avenue from West Cape Rock Drive to Sprigg Street — The surveying work is complete. In-house design is pending. • Veterans Memorial Drive (Phase 6) — Staff met with the engineering firm to review preliminary horizontal & vertical alignments for the street and approximate right-of-way grading limits. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 7:40 p.m. upon a motion made by Mr. Koetting and seconded by Mr. Jackson. Respectfully submitted, Patrick Koetting, Secretary